Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/tut/divorce.tut

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                 TUTORIAL ON GROUNDS FOR DIVORCE

Here are the grounds for obtaining a divorce in all 50 states and
D.C. In this tutorial we have taken the State laws "on their
face" and have NOT considered the fact that the laws may be in
fact ignored. What do we mean? In many instances, especially
divorce, the laws are simply not enforced. Especially if a state
does not have "no fault" divorce if the parties desire a divorce,
depending on the Judge and atmosphere the grounds may be waived,
even though the law and pleadings may read otherwise. If a state
is characterized as "no fault" it means that a dissolution can be
obtained without regard to reason other than one sides
unwillingness to continue in the relationship. In any event,
except in cases where there are no children and no assets (or
debts) a lawyer is a good idea in a divorce. If there are
substantial assets, an attorney well schooled in divorce is a
necessity. Finally, remember that although it is a nice idea for
people, even divorced ones, to get along, during or after a
divorce always remember in dealings with the "ex" that you have a
JUDICIAL DECLARATION OF INCOMPATIBILITY. Watch your back. If you
pay a divorce court ordered obligation (like support) always get
a receipt. I cannot tell you in how many cases a party ordered to
pay support paid it in cash but later if they got behind were
whacked for anything that they could not prove had been paid. In
many states, support or other obligations can be paid through an
official repository. ALWAYS USE IT. Even if the "ex" needs the
money now, don't give it-- always go through the repository
("Domestic Relations Program" or whatever.) They don't loose
records.

For each state we list the major grounds for divorce and the
residency requirement. Quick tour through divorce residency. If
you move from one state to another you can get a divorce in the
new state once you meet the residency requirements. But, unless
you are advised by an attorney that such a proceeding can
determine custody or split assets, all it can do is get you a
divorce. Need a divorce in a hurry? Move to the nearest no fault
state. But remember, custody or property disputes may have to be
heard back where you resided together. Yes, people still do shop
around for a state to get a quick divorce.

At the conclusion of the tutorial a list of states that limit
remarriage after a divorce is provided. In some states, after a
divorce either or both parties have to wait to remarry. On the
other hand, there's always another state in which to hold the
wedding (although that may anger the courts of the first state.)

ALABAMA- Residency: 6 months. A large number of grounds are
specified for a divorce; however, the most important grounds are
"Complete incompatibility of temperament" or "irretrievable
breakdown of the marriage."

ALASKA: Residency:   Parties may JOINTLY petition for a divorce
for reasons of incompatibility; otherwise:

1) Adultery;
2) Conviction for a serious crime;
3) Incurable mental illness;
4) Post-marriage addiction to narcotics; (If you married a doper,
you're stuck- this is silly);
5) Drunkenness; (Again, the bright
folk in the legislature apparently think that if you married an
alcoholic you deserve to continue to live with them- this is
insane);
6) Desertion for one year;
7) Incompatibility.

ARIZONA- Residency- 90 days; Ground for divorce is "Marriage is
irretrievably broken." This is no fault.

ARKANSAS: Residency- 60 days; There are a large number of reasons
for a divorce, including:

1) Adultery;
2) Indignities to person;
3) Habitual drunkenness;
4) Desertion;
5) Nonsupport;
6) Felony conviction

CALIFORNIA- Residency: Six months in state, three in the county;
The state is a no fault state, grounds for divorce are either
irretrievable breakdown of marriage or insanity.

COLORADO- Residency: 90 days. Colorado is a no fault state,
"irretrievable breakdown of marriage."

CONNECTICUT- Generally one year residency; primary ground for
divorce is "irretrievable breakdown of marriage"; other grounds
include: adultery, willful desertion, mental illness requiring
hospitalization for five out of six years.

DELAWARE- Six moths residency; separation caused by
incompatibility; voluntary separation.

DISTRICT OF COLUMBIA- Six months residency; mutual and voluntary
separation.

FLORIDA- Six months residency; irretrievably broken marriage is
primary ground, only other ground is mental incompetence of other
spouse; true "no fault" state.

GEORGIA- Six months residency; there are many grounds for
dissolution, but statute provides for dissolution of marriage
upon finding that the marriage is irretrievably broken.

HAWAII- Six months residency; basic reason for divorce is that
the marriage is irretrievably broken, "no fault."

IDAHO- Six full WEEKS residency required; basic reason for
divorce is "irreconcilable differences"; provided that court
agrees that there are substantial reasons for the divorce.

ILLINOIS- 90 days residency required; separation for six months
ground for divorce, provided both parties agree; separation for
two years; various grounds for misconduct.

INDIANA- Six months residency in the state; three months
residency also required in the county where the divorce is
sought; grounds for dissolution are irretrievable breakdown;
incurable insanity of one party; felony conviction. (No fault
state.)

IOWA- Unless both parties are residents, one year residency is
required, if both parties reside in Iowa, no specific length of
residency is required. Ground for divorce is if there is a
breakdown of the marital relationship so that the marriage is
destroyed. (True no fault.)

KANSAS- Sixty days residency is required; grounds for dissolution
are "incompatibility" and mental illness (true no fault.)

KENTUCKY- 180 days residence required; ground for divorce is
"irretrievable breakdown of marriage." (No fault)

LOUISIANA- No specific residency requirements; grounds for
divorce include adultery, conviction of a felony; after one year
of separation, a divorce may be granted for irreconcilable
differences.

MAINE- Six months residency required; divorce may be granted for
irreconcilable differences, provided that parties agree that the
marriage is irretrievably broken. If one party disagrees, there
must be professional counseling, then Court must determine if the
differences are irreconcilable. Divorce may also be granted for
adultery, extreme cruelty and other misconduct.

MARYLAND- In most cases one years residence is required; grounds
for divorce include: separation for 12 months with no chance for
reconciliation; conviction of a felony with at least one year in
prison served and other specified misconduct.

MASSACHUSETTS- Residency: if a marital domicile in Massachusetts
can not be established as of the time of the divorce one year
residency; grounds for divorce include irreconcilable differences
provided that both parties agree (divorce may then be granted in
thirty days) and various misconduct.

MICHIGAN- Residency of 180 days in state, 10 days in county. True
no fault state; sole reason for divorce is that the "objects of
marriage are destroyed."

MINNESOTA- Residency of 180 days in state required; strict no
fault state, sole reason for dissolution is that there is a
"breakdown of the marriage."

MISSISSIPPI- Residence- six months; provided both parties agree,
divorce may be granted 60 days after filing due to irreconcilable
differences; other misconduct grounds exist.

MISSOURI- Residency- 90 days; No fault divorce, requiring that
court agrees that  the marriage is irretrievably broken.

MONTANA- Residency 90 days; Marriage is to be dissolved if court
finds that marriage is irretrievably broken; based on "evidence
of serious discord."

NEBRASKA- Residency of one year required, or, parties were
married in Nebraska and one party has lived in Nebraska
throughout marriage. Strict no fault state- ground for